Kunkle v. Watson et al
| Andrew Kunkle |
| David Marcowitz, Richard Watson and Trinity Service Group |
| 3:2021cv00155 |
| February 11, 2021 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 25, 2021. A more recent docket listing may be available from PACER.
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Filing 10
ORDER DISMISSING CASE. Signed by Judge J. Phil Gilbert on 3/25/2021. (jsy)
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Filing 9
ORDER: Plaintiff filed a Response in which he expresses his intention to proceed with this severed case. To do so, he must either prepay the $402 filing fee for this action or file a properly completed motion for leave to proceed in forma pauperis (IFP motion) on or before March 18, 2021. (See Order at Doc. 4). He has done neither. Plaintiff is WARNED that he MUST prepay the full filing fee or $402 or file a properly completed IFP Motion by this deadline, or the case shall be dismissed without prejudice and with the assessment of a filing fee for failure to comply with the Court's Orders. (Doc. 4). Plaintiff's #8 Motion for Reconsideration of the Order deferring a decision on Plaintiff's Motion for Recruitment of Court is DENIED because no decision has been made on that motion yet. Signed by Judge J. Phil Gilbert on 3/16/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 RESPONSE to 4 Order and MOTION for Reconsideration 7 Order on Motion for Recruitment of Counselo by Andrew Kunkle. (jaj) |
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Filing 7
ORDER DEFERRING a decision on #5 Motion for Recruitment of Counsel by Plaintiff Andrew Kunkle. Plaintiff has not yet advised the Court whether he intends to proceed with his claims in this newly-severed case. The deadline for doing so is March 18, 2021. Until the Court receives this written notice from Plaintiff, it will DEFER any decision on the pending motion for recruitment of counsel. Signed by Judge J. Phil Gilbert on 3/2/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 5 MOTION for Recruitment of Counsel by Andrew Kunkle. (jaj) |
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Filing 4
ORDER: On February 11, 2021, this case was severed from Brown v. Watson, et al, SDIL Case No. 21-cv-138-JPG. Plaintiff should be aware of the consequences of proceeding with this action. First, the Court will screen the action pursuant to 28 U.S.C. 1915A, and Plaintiff will incur a strike within the meaning of section 1915(g) if the Court determines that the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. Second, Plaintiff will be required to pay a $402.00 filing fee in this case in this case ($350.00 if he is granted leave to proceed in forma pauperis). Of course, Plaintiff can also opt not to proceed with this action by voluntarily dismissing it, thereby avoiding the risk of a strike and the financial burden of an additional filing fee. Plaintiff should carefully consider these points, along with the merits and relative importance of this lawsuit, in deciding whether to proceed with it. Plaintiff shall have until March 18, 2021 to advise the Court in writing whether he wishes to proceed with this lawsuit. If he chooses to go forward, the Court will assess an initial partial filing fee (if appropriate) and screen the complaint. On the other hand, if Plaintiff opts to voluntarily dismiss the case by the deadline, he will not have to pay a filing fee, the Court will not screen the complaint, and the case will be dismissed without prejudice. Plaintiff is WARNED that if he fails to respond to this Order by the deadline, he will be obligated to pay the full filing fee and this action will be dismissed for want of prosecution and/or for failure to comply with a court order. (Action due by 3/18/2021). Signed by Judge J. Phil Gilbert on 2/11/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 NOTICE FROM CLERK Instructing Plaintiff to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Plaintiff on 2/11/2021. Consent due by 3/4/2021 (jaj) |
| Filing 2 COMPLAINT against All Defendants filed by Andrew Kunkle.(jaj) |
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Filing 1
ORDER SEVERING CASE. Signed by Judge J. Phil Gilbert on 2/10/2021. (jaj)
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